Detailed answer — how wills, POD/TOD, and deeds work together in North Dakota

Wills and beneficiary designations operate in different legal tracks. A will takes effect only after a court supervises the decedent’s estate through probate. Probate is the court process that identifies assets, pays debts, and distributes what remains under the will’s instructions. If your will leaves all property to your daughter, that applies to property that belongs to your probate estate.

By contrast, POD, TOD, and named-beneficiary arrangements are contractual or title-based transfer methods that usually pass assets directly to the named beneficiary outside of probate. Typical examples:

• Bank accounts with a payable-on-death (POD) or beneficiary designation.
• Brokerage accounts or securities registered “transfer on death” to a named person.
• Retirement accounts (IRAs, 401(k) plans) and life insurance policies with designated beneficiaries.
• Joint ownership with right of survivorship (when title is held jointly, the survivor typically owns the asset automatically).
• Some states allow transfer-on-death deeds for real estate; review whether that option exists or whether other tools (joint ownership or a trust) are better for real property in North Dakota.

Because these assets pass outside probate, what you name as beneficiary on those accounts controls who receives them — not your will. Practically speaking, if a bank account or an insurance policy names your daughter as beneficiary, she will receive that asset regardless of whether your will leaves everything to her.

Why you might still need POD/TOD or a special deed even though your will leaves everything to your daughter

• Avoid delays: Assets that pass by POD/TOD move to the beneficiary quickly. Probate can take months.
• Lower costs and preserve privacy: Probate involves court filings and public records; non‑probate transfers can be private and less expensive.
• Access to cash: POD bank accounts let the beneficiary access funds immediately for funeral or final bills without waiting for probate.
• Avoid splitting: If some assets already have other beneficiaries or joint owners, a will alone cannot change who gets those non‑probate assets.
• Control and clarity: Ensuring beneficiary designations match your will prevents unintended outcomes (for example, an older beneficiary form sending an account to an ex‑spouse instead of your daughter).

When a will is sufficient

If every asset you own is actually owned solely by you and has no beneficiary designation or joint owner — and the assets are modest enough that probate would be simple — then a will can be sufficient to direct distribution to your daughter. But in practice, most people have at least one account or policy with a beneficiary designation.

Special considerations in North Dakota

North Dakota law governs how probate proceeds and what documents are valid. The North Dakota Century Code and local courts set out probate procedures and requirements. Because rules and available non‑probate devices change over time, confirm current options for real property transfer and account registration in North Dakota. A helpful resource for the statutes is the North Dakota Century Code repository: https://www.legis.nd.gov/cencode.

Common pitfalls to avoid

• Failing to update beneficiary designations after major life events (marriage, divorce, births, deaths).
• Assuming a will overrides account beneficiary designations — it generally does not.
• Leaving real estate only to a will when you want to avoid probate — explore appropriate title changes, TOD deeds (if available), or a revocable trust.
• Using joint ownership without understanding creditor exposure or gift and tax consequences.

Practical next steps

1. Make a list of all assets and how each is titled (sole name, joint tenancy, beneficiary/POD/TOD, retirement account, life insurance, real estate).
2. For each asset, confirm who is the named beneficiary and whether the designation matches your will’s intent. If it does not, update the designation forms with the account or policy holder.
3. If you own real estate and you want to avoid probate, ask whether North Dakota recognizes a transfer-on-death deed. If not, consider a revocable living trust or other alternatives and get counsel on recording and tax implications.
4. Speak with a North Dakota attorney to coordinate your will, beneficiary designations, deeds, and any trust documents so everything works together and reflects your wishes.

Helpful Hints

• Inventory first: A thorough list of accounts and titles makes it clear where POD/TOD matters.
• Match beneficiary designations to your estate plan: If your will gives everything to your daughter, make sure account beneficiary forms name her too.
• Record real estate transfers properly: If you use any deed changes, record them correctly with the county recorder.
• Keep dated copies: Keep copies of beneficiary forms, deeds, and your will in a safe place and tell your daughter where to find them.
• Don’t rely on informal titles: Verbal promises or informal documents won’t override formal beneficiary or title paperwork.
• Review every few years: Life changes can require updates to beneficiary designations and wills.
• Ask about creditor and tax effects: Non‑probate transfers may still have tax consequences or affect creditor claims — ask an attorney or tax advisor.